DIVISION 1

Preliminary Provisions and Construction

1 Short title

This code shall be known as the Evidence Code.

 

2 Common law rule construing code abrogated

The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. This code establishes the law of this state respecting the subject to which it relates, and its provisions are to be liberally construed with a view to effecting its objects and promoting justice.

 

3 Constitutionality

If any provision or clause of this code or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisions of this code are declared to be severable.

 

4 Construction of code

Unless the provision or context otherwise requires, these preliminary provisions and rules of construction shall govern the construction of this code.

 

5 Effect of headings

Division, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.

 

 

6 References to statutes

Whenever any reference is made to any portion of this code or of any other statute, such reference shall apply to all amendments and additions heretofore or hereafter made.

 

7 "Division," "chapter," "article," "section," "subdivision," and "paragraph"

Unless otherwise expressly stated:

(a) "Division" means a division of this code.

(b) "Chapter" means a chapter of the division in which that term occurs.

(c) "Article" means an article of the chapter in which that term occurs.

(d) "Section" means a section of this code.

(e) "Subdivision" means a subdivision of the section in which that term occurs.

(f) "Paragraph" means a paragraph of the subdivision in which that term occurs.

 

8 Construction of tenses

The present tense includes the past and future tenses; and the future, the present.

 

9 Construction of genders

The masculine gender includes the feminine and neuter.

 

10 Construction of singular and plural

The singular number includes the plural; and the plural, the singular.

 

11 "Shall" and "may"

"Shall" is mandatory and "may" is permissive.

 

12 Code becomes operative January 1, 1967; effect of pending proceedings

(a) This code shall become operative on January 1, 1967, and shall govern proceedings in actions brought on or after that date and, except as provided in subdivision (b), further proceedings in actions pending on that date.

(b) Subject to subdivision (c), a trial commenced before January 1, 1967, shall not be governed by this code. For the purpose of this subdivision:

(1) A trial is commenced when the first witness is sworn or the first exhibit is admitted into evidence and is terminated when the issue upon which such evidence is received is submitted to the trier of fact. A new trial, or a separate trial of a different issue, commenced on or after January 1, 1967, shall be governed by this code.

(2) If an appeal is taken from a ruling made at a trial commenced before January 1, 1967, the appellate court shall apply the law applicable at the time of the commencement of the trial.

(c) The provisions of Division 8 (commencing with Section 900) relating to privileges shall govern any claim of privilege made after December 31, 1966.


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